1. (1) A study receiving a grant or payment for direct services under ORS 541.561 may include activities necessary to assess the type, location, design, cost or other factors affecting the feasibility of a project described in ORS 541.561. Specific activities may include, but are not limited to:

   1. (a) Analyses of hydrological refill capacity;
   2. (b) Water needs analyses;
   3. (c) Refined hydrological analyses;
   4. (d) Engineering and financial feasibility studies;
   5. (e) Geologic analyses;
   6. (f) Water exchange studies;
   7. (g) Analyses of by-pass, optimum peak, flushing and other ecological flows of the affected stream and the impact of a proposed project on those flows;
   8. (h) Comparative analyses of alternative means of supplying water, including but not limited to the costs and benefits of conservation and efficiency alternatives and the extent to which long-term water supply needs may be met using those alternatives;
   9. (i) Analyses of potential environmental, social, cultural or economic benefits, harm or impacts from a proposed project;
   10. (j) Analyses of potential public benefits accruing from a proposed project;
   11. (k) Fiscal analyses of a proposed project, including estimated project costs, financing for the project and projected financial returns from the project;
   12. (L) Hydrological analyses of a proposed project, including the anticipated effects of climate change on hydrological refill capacity;
   13. (m) Analyses of potential water quality impacts of the project;
   14. (n) The development of water management and conservation plans and associated analyses that assess alternatives to achieve water conservation;
   15. (o) Data collection and analyses related to the preparation of seasonally varying flow as prescribed in rules of the Water Resources Commission;
   16. (p) Analyses associated with evaluating the safety of existing dams and evaluating actions to address safety deficiencies related to existing dams; and
   17. (q) Analyses of impacts of a project on environmental justice or disproportionately impacted communities and ways to minimize impacts on environmental justice or disproportionately impacted communities.

2. (2) If a study concerns a proposed storage project that would impound surface water on a perennial stream, divert water from a stream that supports sensitive, threatened or endangered fish or divert more than 500 acre-feet of surface water annually, a grant or direct services payment may be provided only if the study contains:

   1. (a) Analyses of by-pass, optimum peak, flushing and other ecological flows of the affected stream and the impact of the storage project on those flows;
   2. (b) Comparative analyses of alternative means of supplying water, including but not limited to the costs and benefits of conservation and efficiency alternatives and the extent to which long-term water supply needs may be met using those alternatives;
   3. (c) Analyses of environmental harm or impacts from the proposed storage project;
   4. (d) Evaluation of the need for and feasibility of using stored water to augment in-stream flows to conserve, maintain and enhance aquatic life, fish life and any other ecological values; and
   5. (e) For a proposed storage project that is for municipal use, analysis of local and regional water demand and the proposed storage project’s relationship to existing and planned water supply projects.

Note: See note under 541.561.

[2008 c.13 §2; 2025 c.82 §2]